Relations in the sphere of convicts' labor: legal nature and regulation

The problem of correlation of penal enforcement and labor relations in the sphere of convicts' labor has been a debatable one for a long time. Neither the Labor Code of the Russian Federation nor other legal acts determine the nature of such relations and the mode, sphere and volume of the application of labor legislation in such relations. This results in a great number of questions in law-making and law enforcement activities. The author attempts to reveal the nature of relations arising out of the work of those sentenced to imprisonment, correctional and compulsory works in order to refer them to the subject of penal enforcement and labor law. The solution to this problem will influence the explanation whether these relations shall be regulated by the norms of labor legislation directly or subsidiarily. The article deals with the main types of labor relations of convicts, which depend on the imposed punishment (compulsory and correctional works and imprisonment), as well as on the variety of these relations within the framework of one punishment (e.g. in prison the labor of convicts may be voluntary and paid, compulsory and paid or compulsory and free while correctional works can be served by the convict either at his former place of work or in the places determined by the local government on the approval of probation departments ). The characteristics of such relations are correlated with the characteristics of homogeneity of labor and penal enforcement relations. This enables the author to conclude that according to a general rule, labor relations of convicts while they serve the above punishments do not have such a characteristic as agreement and this does not these relations to be defined as labor ones and include them into the subject of labor law. So, it is necessary to speak about the primary regulation of any relations connected with the labor of those sentenced to compulsory, correctional works and imprisonment by penal prescriptions, on the basis that they are labor relations in their nature. And the only mode of labor legislation to be applied to them is a subsidiary one. The article analyzes both the general algorithm of application of labor legislation and some practical problems. Among them is the problem of application of labor law rules, such as employment and dismissal, to convicts: the necessity to conclude a contract of employment with them, to publish an employment order, to issue an employment record book etc.

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